Supreme Court of India
Abdul Gafur and Anr. v. State of Uttarakhand and Ors.
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What the Court ordered
In view of the above discussion, the appeal is allowed; the impugned or der, dated-29th March, 2007, is set aside and the two suits and E the appeal, dismissed in terms of the said order, are restored to the file of the High Court for fresh adjudication and disposal in accordance with law.
Judgment, page 12
From the headnote
Code of Civil Procedure, 19QB - ss. 9 and 24 - Or. 7, r. 11, Or. 14, rr. 1 and 2, Or. 39, rr. 1 and 2: c Suits - Disposal of - Land acquired by State Govern- ment for construction of approach road for hospital - Land owner meanwhile alienated by gift deed a part of the land - Donees filed suits for perpetual injunction against hospital - Trial Court granted temporary injunction - That order appealed against - During pendency of appeals, land owner filed writ petition alleging acquisition of the land as fraudulent - High ~- Court withdrew the pending suits and appeals to itself and sum- marily
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